2 total
The court dismissed the accused's section 11(b) Charter application, finding the 23-month delay justified by the case's complexity.
The applicant, Daveion Brown, sought a stay of proceedings under section 11(b) of the Charter due to unreasonable delay, arguing the total delay of 797 days (26 months and 6 days) exceeded the Jordan ceiling.
The Crown contended that defence delay and exceptional circumstances (discrete events, case complexity) justified the delay.
The court found 92 days of defence delay, resulting in a net delay of 705 days (23.2 months), which still exceeded the 18-month presumptive ceiling.
While acknowledging the case's complexity, the court rejected the Crown's arguments for discrete events and found the Crown's prosecution plan, despite a significant conflict-of-interest issue, was not unreasonable in minimizing delay for this complex case.
The application for a stay of proceedings was dismissed.
Dissenting opinion would allow licensee's appeal, finding insufficient evidence of an illegal pre-euthanasia injection.
Thoroughbred licensee Gary Parkin appealed a decision regarding an alleged illegal injection administered to a horse, Espresso Gal, prior to its euthanasia.
The Administration's case relied on circumstantial evidence, specifically the presence of neutrophils at an injection site, to argue that a third injection was administered at least 15 minutes before death.
The dissenting Vice-Chair found the evidence regarding the time of death and the neutrophil migration to be unreliable and not cogent, clear, or compelling.
The dissent concluded that the Administration failed to meet its burden of proof and would have allowed the appeal, cancelling the fine and license restriction.
